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DEFAMATION A COMPARATIVE STUDY BETWEEN THE MALAYSIAN LAWSAND THE ISLAMIC LEGAL PRINCIPLES

Hasbollah Bin Mat Saad

As part of the most concerned country on human rights, Malaysia has provided clear written statutes in promoting and protecting the freedom of speech. Article 10(2)(a) of the Federal Constitution provides the clearest indication to the general public that the legal system of Malaysia do give the protection of the freedom of speech. The objective of this paper is to focus on the provisions of the freedom of speech (especially defamation) on the scope, wisdoms, findings of the research and provide the possible recommendations or suggestions for the process of harmonization, in the area of the implementation of the Malaysian laws and the Islamic legal principles in the Malaysian legal system, for the purpose of protecting, enhancing and promoting the freedom of speech in Malaysia according to the rule of law. The legal research method will be applied in obtaining the relevant data and information. The writer is of the opinion that the Malaysian legal system should be transformed and harmonized between these two legal foundations, i.e., the Malaysian laws and the Islamic legal principles, in respecting the spirit of Article 3 of the Federal Constitution, which provides that Islam as a religion of the Federation. There should be a clear guidelines and information about the concept of defamation in order to lay down the clear statutes and provisions on it that can contribute to the betterment of the society.